Your Use Generally:
Registering for an Account:
You may be required to register for an account (an “Account”) in order to access certain areas of the Website. With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that:
belongs to or is already being used by another person;
may be construed as impersonating another person;
violates the intellectual property or other rights of any person;
is offensive; or
we reject for any other reason in our sole discretion.
You are responsible for maintaining the confidentiality of any password you establish for your Account. You agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website to any third party. You are fully responsible for all interactions with the Website that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your Account, your user name or the Website. You also agree that you will “log off” and exit from your Account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of these obligations.
Limited License to Use Materials:
In connection with the creation, hosting, maintenance and/or display of the Website, Centerpoint uses certain Centerpoint proprietary materials or other materials licensed to Centerpoint, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, video, audio, User Submissions (as defined below), trademarks, service marks and trade names (collectively, "Materials") that are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Centerpoint as a service to Visitors and Subscribers, and, unless otherwise authorized, may be used only for informational purposes and only if you retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit the Website, any of its Materials, or any related software without our prior written permission. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Centerpoint.
Centerpoint retains all rights regarding its trademarks, trade names, brand names, logos and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks and are protected by U.S. federal and state trademark laws and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Website. Your misuse of the trademarks, trade names, brand names, or trade dress displayed on the Website is strictly prohibited.
The Website may permit you to voluntarily post content, including photographs, videos, comments or other material (each a “User Submission”). If you post User Submissions, you confirm you are at least 18 years old or the age of majority in your jurisdiction, and you agree to the following terms:
Posting a User Submission constitutes your consent and grant to Centerpoint an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the User Submission, your name, likeness, voice and biographical information, and any material based thereon or derived therefrom, in any form or media now or hereafter known for any and all purposes throughout the World whatsoever, including, without limitation, advertising, marketing or commercial purposes, without any payment to or further authorization by you.
You waive any right to inspect or approve any material in which Centerpoint may eventually use your User Submission and understand that Centerpoint may crop, shape, or otherwise adjust any User Submission.
You represent and warrant that the User Submission will not violate the intellectual property or proprietary rights of any third party, and you are legally entitled to post the User Submission and to grant all relevant licenses and permissions to use the User Submission as contemplated herein.
You agree not to take any legal action against, and release and discharge Centerpoint and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the User Submission, your name, likeness, voice or biographical information, as contemplated herein.
Prohibited Uses of Website:
You shall not post, transmit, redistribute, upload, or promote any communications, User Submissions or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
Notice of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA):
Centerpoint does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Centerpoint will remove User Submissions if properly notified that such User Submissions infringe on another's intellectual property rights. Centerpoint reserves the right to remove User Submissions without prior notice. Centerpoint may also terminate a user's access to the Website if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
If you are a copyright owner or an agent thereof and believe that any User Submission, Materials or other content infringes upon your copyrights, you may notify us by providing the following information in writing:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
(3) Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on the Website can be reached as follows:
By Email: email@example.com
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
THE WEBSITE IS PROVIDED TO VISITORS AND USERS “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
Without limitation on the foregoing, Centerpoint does not warrant that the Website will operate error-free or that the Website and its servers are free of computers viruses or other harmful mechanisms. If your use of the Website results directly or indirectly in the need for servicing or replacing equipment or data, Centerpoint is not responsible for those costs. In addition, Centerpoint makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any User Submission. Documents and other communications may contain inaccuracies or typographical errors. You agree that any reliance on documents and other communications posted by users will be at your own risk. Centerpoint makes no representation or guarantees regarding the content of the Website, including, but not limited to, broken links, inaccuracies, or typographical errors.
Limitation of Liability:
IN NO EVENT WILL CENTERPOINT BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THE WEBSITE OR ANY OTHER RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION VIEWED, EVEN IF CENTERPOINT IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. Centerpoint’s maximum liability arising out of or in connection with www.JohnFoleyInc.com or a user’s use of Centerpoint’s Website or Services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount paid to Centerpoint during the two (2) months prior to the action, or fifty dollars ($50), whichever is more. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Consent to Electronic Delivery of Notices:
Generally: Centerpoint or its Subscribers may offer links to websites operated by third parties. Centerpoint does not control and is not responsible or liable for the content, advertising, products, or other materials on or available from such third party sites. Your access to such sites is at your own risk and Centerpoint disclaims all liability arising out of or in any way connected to your access of such third party sites. None of such links should be deemed to imply that Centerpoint endorses the third party sites or any content on such sites.
The Website is controlled and offered by Centerpoint from its facilities in the United States. Centerpoint makes no representations that the Website is appropriate or available for use outside of the United Sates. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Changes to Website:
Centerpoint reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, services and features available on the Website (or any part thereof) with or without notice. You agree that Centerpoint shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or services and features of the Website (or any part thereof).
Last updated September 9, 2015